Order of the State Council of the People's Republic of China
No. 775
The "Interim Regulations on Carbon Emissions Trading Management" were adopted at the 23rd executive meeting of the State Council on January 5, 2024, and are hereby announced and will come into effect on May 1, 2024.
Prime Minister Li Qiang
January 25, 2024
Interim Regulations on Carbon Emissions Trading Management
Article 1 These regulations are formulated in order to regulate carbon emissions trading and related activities, strengthen the control of greenhouse gas emissions, actively and steadily promote carbon peak carbon neutrality, promote green and low-carbon economic and social development, and promote the construction of ecological civilization.
Article 2 These regulations apply to carbon emissions trading and related activities in the national carbon emissions trading market.
Article 3 The management of carbon emissions trading and related activities shall adhere to the leadership of the Communist Party of China, implement the party and the country’s lines, policies, decisions and arrangements, adhere to greenhouse gas emission control being compatible with economic and social development, and adhere to government guidance and market regulation. Combination, follow the principles of openness, fairness and impartiality.
The state strengthens international cooperation and exchanges in the field of carbon emissions trading.
Article 4 The ecological environment department of the State Council is responsible for the supervision and management of carbon emissions trading and related activities. Relevant departments of the State Council shall be responsible for the supervision and management of carbon emissions trading and related activities in accordance with the division of responsibilities.
The ecological environment department of the local people's government is responsible for the supervision and management of carbon emissions trading and related activities within its own administrative region. Relevant departments of local people's governments shall, in accordance with the division of responsibilities, be responsible for the supervision and management of carbon emissions trading and related activities within their respective administrative regions.
Article 5 The national carbon emission rights registration agency is responsible for the registration of carbon emission rights trading products and providing transaction settlement and other services in accordance with relevant national regulations. The national carbon emissions trading agency is responsible for organizing and conducting centralized and unified trading of carbon emissions rights in accordance with relevant national regulations. Registration and transaction fees should be reasonable, and charging items, charging standards and management methods should be disclosed to the public.
The national carbon emissions rights registration agency and the national carbon emissions rights trading agency should improve relevant business rules and establish risk prevention and control and information disclosure systems in accordance with relevant national regulations.
The ecological environment department of the State Council, together with the market supervision and administration department of the State Council, the People's Bank of China and the banking regulatory agency of the State Council, supervise and manage the national carbon emissions rights registration agency and the national carbon emissions rights trading agency, and strengthen information sharing and law enforcement cooperation. .
Carbon emissions trading should be gradually integrated into a unified public resource trading platform system.
Article 6 The types of greenhouse gases and industry scope covered by carbon emission rights trading shall be proposed by the ecological environment administrative department of the State Council in conjunction with the development and reform and other relevant departments of the State Council based on the study of national greenhouse gas emission control targets, and shall be implemented after approval by the State Council.
Carbon emission trading products include carbon emission quotas and other spot trading products approved by the State Council.
Article 7 Key greenhouse gas emission units included in the national carbon emissions trading market (hereinafter referred to as key emission units) and other entities that comply with relevant national regulations may participate in carbon emissions trading.
Ecological and environmental authorities, other departments responsible for the supervision and management of carbon emission rights trading and related activities (hereinafter referred to as other departments responsible for supervision and management), the national carbon emission rights registration agency, the national carbon emission rights trading agency and this Staff of technical service agencies stipulated in the regulations shall not participate in carbon emissions trading.
Article 8 The ecological environment department of the State Council, in conjunction with relevant departments of the State Council, shall formulate the conditions for determining key emission units based on the national greenhouse gas emission control targets. The ecological environment department of the people's government of a province, autonomous region, or municipality directly under the Central Government (hereinafter collectively referred to as the provincial people's government) shall, in conjunction with relevant departments at the same level, formulate an annual list of key emission units in the administrative region in accordance with the conditions for determining key emission units.
The conditions for determining key emission units and the annual list of key emission units should be announced to the public.
Article 9 The ecological environment department of the State Council, in conjunction with relevant departments of the State Council, shall formulate annual carbon emission quotas based on the national greenhouse gas emission control targets and comprehensive consideration of economic and social development, industrial structure adjustment, industry development stage, historical emission conditions, market adjustment needs and other factors. Total amount and distribution plan, and organize implementation. Carbon emission quotas are allocated free of charge, and a combination of free and paid allocation will be gradually implemented in accordance with relevant national requirements.
The ecological environment department of the provincial people's government, in conjunction with relevant departments at the same level, shall issue carbon emission quotas to key emission units within the administrative region based on the annual total carbon emission quota and distribution plan, and shall not violate the annual carbon emission quota total and distribution plan. Issue or adjust carbon emission quotas.
Article 10: In accordance with the provisions of Articles 6, 8, and 9 of these Regulations, study and propose the types and industry scope of greenhouse gases covered by carbon emissions trading, the conditions for establishing key emission units, and the total amount and allocation of annual carbon emission quotas. The opinions of the provincial people's government, relevant industry associations, enterprises and institutions, experts and the public should be solicited for the plan.
Article 11 Key emission units shall take effective measures to control greenhouse gas emissions, formulate and strictly implement greenhouse gas emission data quality control plans in accordance with relevant national regulations and technical specifications formulated by the ecological environment department of the State Council, and use quality control plans that have been qualified by metrology and verification in accordance with the law. Carry out greenhouse gas emission-related inspections and tests on calibrated measuring instruments, truthfully and accurately calculate the greenhouse gas emissions of the unit, prepare a greenhouse gas emission report for the previous year (hereinafter referred to as the annual emission report), and submit the emission statistics and accounting data, annual emissions in accordance with regulations The report shall be submitted to the ecological environment department of the provincial people's government where its production and business premises are located.
Key emission units shall be responsible for the authenticity, completeness and accuracy of their emission statistical accounting data and annual emission reports.
Key emission units shall, in accordance with relevant national regulations, disclose to the public the emissions, emission facilities, statistical accounting methods and other information in their annual emission reports. The original records and management ledgers of the data involved in the annual emissions report should be kept for at least 5 years.
Key emission units can entrust technical service agencies established in accordance with the law to carry out greenhouse gas emission-related inspections and prepare annual emission reports.
Article 12 The ecological environment department of the provincial people's government shall verify the annual emission reports submitted by key emission units to confirm their actual greenhouse gas emissions. The verification work shall be completed within the specified time limit, and the verification results shall be fed back to the key emission units within 7 working days from the date of completion of the verification. The verification results should be disclosed to the public.
The ecological environment department of the provincial people's government may entrust a legally established technical service agency to conduct technical review of the annual emission report through government purchase of services. Key emission units shall cooperate with technical service agencies to carry out technical review work and truthfully provide relevant data and information.
Article 13 Technical service agencies that are entrusted to carry out inspection and testing related to greenhouse gas emissions shall abide by the relevant national technical regulations and technical specifications, bear corresponding responsibilities for the inspection and testing reports they issue, and shall not issue untrue or false inspection and testing reports. . Key emission units shall prepare and submit samples for inspection in accordance with relevant national regulations and be responsible for the representativeness and authenticity of the samples.
Technical service agencies that are entrusted to prepare annual emission reports and conduct technical reviews of annual emission reports shall, in accordance with relevant national regulations, have corresponding facilities, equipment, technical capabilities and technical personnel, establish a business quality management system, and carry out relevant work independently, objectively and fairly. Businesses shall bear corresponding responsibilities for the annual emission reports and technical review opinions issued by them, and shall not tamper with, falsify data, use false data or engage in other fraudulent activities. Specific management measures for the preparation and technical review of annual emission reports shall be formulated by the ecological environment department of the State Council in conjunction with relevant departments of the State Council.
Technical service agencies are not allowed to engage in annual emission report preparation business and technical review business at the same time within the same province, autonomous region, or municipality.
Article 14 Key emission units shall pay in full their carbon emission quotas based on the verification results of the annual emission report by the ecological environment department of the provincial people's government and within the time limit specified by the ecological environment department of the State Council.
Key emission units can purchase or sell carbon emission quotas through the national carbon emissions trading market, and the carbon emission quotas they purchase can be used for settlement.
Key emission units can purchase certified greenhouse gas emission reductions to pay off their carbon emission quotas in accordance with relevant national regulations.
Article 15 Carbon emission rights trading may adopt agreement transfer, one-way bidding or other spot trading methods that comply with relevant national regulations.
It is prohibited for any unit or individual to manipulate the national carbon emissions trading market or disrupt the order of the national carbon emissions trading market through fraud, malicious collusion, spreading false information, etc.
Article 16 The ecological environment department of the State Council establishes a national carbon emissions trading market management platform, strengthens the supervision and management of the entire process of carbon emission quota allocation, settlement, and greenhouse gas emissions of key emission units, and implements information cooperation with relevant departments of the State Council. shared.
Article 17 The competent departments of ecology and environment and other departments with supervision and management responsibilities may conduct on-site inspections of key emission units and other trading entities and technical service institutions within the scope of their respective responsibilities.
When conducting on-site inspections, the ecological environment department and other departments with supervisory and management responsibilities may take measures such as reviewing and copying relevant materials, querying and inspecting relevant information systems, and may require relevant units and individuals to provide explanations on relevant matters. The person being inspected shall truthfully report the situation and provide information, and shall not refuse or obstruct.
For on-site inspection, the number of inspectors shall not be less than 2, and they shall present their law enforcement certificates. Inspectors have the obligation to keep confidential the state secrets and commercial secrets they learn during inspections in accordance with the law.
Article 18 Any unit or individual has the right to report any violation of the provisions of these Regulations to the ecological environment department and other departments responsible for supervision and management. The department that receives the report shall handle it in a timely manner in accordance with the law, feedback the results to the whistleblower in accordance with relevant national regulations, and keep the whistleblower confidential.
Article 19 If staff of the ecological environment department or other departments with supervisory and management responsibilities abuse their power, neglect their duties, or practice favoritism in the supervision and management of carbon emissions trading and related activities, they shall be punished in accordance with the law.
Article 20 Staff members of the ecological environment authorities, other departments with supervisory and management responsibilities, the national carbon emission rights registration agency, the national carbon emission rights trading agency, and the technical service agencies specified in these regulations participate in carbon emission rights trading. The competent department of ecology and environment of the State Council shall order the carbon emission quotas and other trading products held in accordance with the law, confiscate the illegal gains, and may impose a fine not exceeding the price of the trading carbon emission quotas and other products; if they are state employees, they shall also be fined in accordance with the law. Punishment.
Article 21 If a key emission unit has any of the following circumstances, the ecological environment department shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; if it refuses to make corrections, it may be ordered to suspend production for rectification:
(1) Failure to formulate and implement a greenhouse gas emission data quality control plan in accordance with regulations;
(2) Failure to submit emission statistics and accounting data and annual emission reports in accordance with regulations;
(3) Failure to disclose the emissions, emission facilities, statistical accounting methods and other information in the annual emissions report to the public in accordance with regulations;
(4) Failure to maintain original records and management ledgers of data involved in annual emission reports in accordance with regulations.
Article 22 If a key emission unit has any of the following circumstances, the ecological environment department shall order it to make corrections, confiscate the illegal income, and impose a fine of not less than 5 times but not more than 10 times the illegal income; there is no illegal income or the illegal income is less than 500,000 yuan If a violation is made, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed; the person in charge and other directly responsible personnel directly responsible shall be fined not less than 50,000 yuan but not more than 200,000 yuan; if the person refuses to make corrections, the fine shall be between 50% and not more than 100%. If the carbon emission quota for the next year is reduced in proportion, the company may be ordered to suspend production for rectification:
(1) Failure to statistically calculate greenhouse gas emissions in accordance with regulations;
(2) There are major flaws or omissions in the annual emission report prepared, and the company tampered with or falsified data, used false data or committed other acts of fraud during the preparation of the annual emission report;
(3) Failure to prepare and submit samples for inspection in accordance with regulations.
Article 23 If a technical service agency issues an untrue or false inspection and testing report, the ecological environment department shall order it to make corrections, confiscate the illegal income, and impose a fine of not less than 5 times but not more than 10 times the illegal income; if there is no illegal income or illegal income If the amount is less than 20,000 yuan, a fine of not less than 20,000 yuan but not more than 100,000 yuan will be imposed; if the circumstances are serious, the department responsible for qualification certification will cancel its inspection and testing qualifications.
There are major flaws or omissions in the annual emission report or technical review opinions issued by the technical service agency, and the data is tampered with or falsified during the preparation of the annual emission report or the technical review of the annual emission report, the use of false data or other acts of fraud. , the competent department of ecology and environment shall order corrections, confiscate the illegal gains, and impose a fine of not less than 5 times but not more than 10 times of the illegal gains; if there are no illegal gains or the illegal gains are less than 200,000 yuan, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed; If the circumstances are serious, they will be prohibited from engaging in annual emission report preparation and technical review business.
If a technical service agency is punished for illegal acts specified in paragraphs 1 and 2 of this article, its directly responsible supervisor and other directly responsible personnel shall be fined not less than RMB 20,000 but not more than RMB 200,000, and shall be prohibited from engaging in greenhouse gas activities for five years. Emission-related inspection and testing, annual emission report preparation and technical review business; if the circumstances are serious, you will be banned from engaging in the aforementioned business for life.
Article 24 If a key emission unit fails to pay off its carbon emission quotas in accordance with regulations, the ecological environment department shall order it to make corrections and impose a penalty of more than 5 times the average transaction price of market transactions in the month before the due date for the unpaid carbon emission quotas. A fine of not more than 10 times; if the company refuses to make corrections, its carbon emission quota for the next year will be reduced by the same amount as the unpaid carbon emission quota, and it may be ordered to suspend production for rectification.
Article 25 Anyone who manipulates the national carbon emissions trading market shall be ordered to make corrections by the ecological environment department of the State Council, the illegal income shall be confiscated, and a fine of not less than 1 time but not more than 10 times of the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 500,000 yuan , a fine of not less than 500,000 yuan but not more than 5 million yuan will be imposed. If a unit is punished for the aforementioned illegal acts, its directly responsible supervisor and other directly responsible personnel shall be given a warning and a fine of not less than RMB 100,000 but not more than RMB 1 million shall be imposed.
Anyone who disrupts the order of the national carbon emissions trading market will be ordered to make corrections by the ecological environment department of the State Council, the illegal income will be confiscated, and a fine of not less than 1 time but not more than 10 times the illegal income will be imposed; if there is no illegal income or the illegal income is less than 100,000 yuan, a fine of 10 A fine of not less than 10,000 yuan but not more than 1 million yuan is imposed. If a unit is punished for the aforementioned illegal acts, its directly responsible supervisor and other directly responsible personnel shall be given a warning and a fine of not less than RMB 50,000 but not more than RMB 500,000 shall be imposed.
Article 26 If anyone refuses or obstructs the competent department of ecology and environment or other departments with supervisory and management responsibilities to carry out supervision and inspection in accordance with the law, the competent department of ecology and environment or other departments with supervisory and management responsibilities shall order him to make corrections and impose a fine of more than 20,000 yuan and 20 A fine of less than 10,000 yuan.
Article 27 The competent department of ecology and environment of the State Council, in conjunction with relevant departments of the State Council, will establish a credit record system for key emission units and other trading entities and technical service institutions to record information on administrative penalties imposed on key emission units and other trading entities and technical service institutions for violating the provisions of these Regulations. Incorporate it into the relevant national credit information system and publish it to the public in accordance with the law.
Article 28 Anyone who violates the provisions of these Regulations and causes damage to others shall bear civil liability in accordance with the law; if it constitutes a violation of public security management, he shall be subject to public security management penalties in accordance with the law; if it constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law.
Article 29 For local carbon emissions trading markets established before the implementation of these Regulations, relevant management systems should be improved and supervision and management strengthened with reference to the provisions of these Regulations.
After the implementation of this regulation, no new local carbon emissions trading market will be built, and key emission units will no longer participate in carbon emissions trading in local carbon emissions trading markets for the same greenhouse gas types and the same industry.
Article 30 The meanings of the following terms in these Regulations:
(1) Greenhouse gases refer to natural and man-made gaseous components in the atmosphere that absorb and re-emit infrared radiation, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and trifluoride nitrogen.
(2) Carbon emission quota refers to the emission quota of carbon dioxide and other greenhouse gases allocated to key emission units within a specified period. One unit of carbon emission quota is equivalent to emitting 1 ton of carbon dioxide equivalent into the atmosphere.
(3) Settlement refers to the behavior of key emission units to pay carbon emission quotas equal to their verified actual greenhouse gas emissions of the previous year to the ecological environment authorities within the prescribed time limit.
Article 31 If key emission units consume non-fossil energy electricity, their carbon emission quotas and greenhouse gas emissions shall be adjusted accordingly in accordance with relevant national regulations.
Article 32 The ecological environment administrative department of the State Council, together with the civil aviation and other administrative departments of the State Council, may, in accordance with the principles stipulated in these Regulations, based on actual needs and in combination with the characteristics of greenhouse gas emission control in civil aviation and other industries, regulate key emission units in civil aviation and other industries. Specific management measures will be formulated for the establishment of rosters, issuance and settlement of carbon emission quotas, statistical accounting of greenhouse gas emission data, and submission and verification of annual emission reports.
Article 33 These regulations will come into effect on May 1, 2024.